Fisheries of the Exclusive Economic Zone Off Alaska; Other Hook-and-Line Fishery by Catcher Vessels in the Gulf of Alaska, 36808-36809 [2016-13454]
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36808
Federal Register / Vol. 81, No. 110 / Wednesday, June 8, 2016 / Rules and Regulations
(c) Usual and accustomed fishing
areas or U&A fishing areas. The Pacific
Coast treaty Indian tribes’ U&A fishing
areas within the EEZ are set out in
§ 660.4.
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(e) * * *
(4) Fishing outside the U&A fishing
area or without a groundfish allocation.
Fishing by a member of a Pacific Coast
treaty Indian tribe outside the
applicable Indian tribe’s U&A fishing
area, or for a species of groundfish not
covered by an allocation, set-aside, or
regulation under this section, is subject
to the regulations in the other sections
of subpart C through subpart G of this
part. Treaty fisheries operating within
tribal allocations are prohibited from
operating outside the U&A fishing areas
described at § 660.4, subpart A.
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(g) * * *
(11) EFH. Measures implemented to
minimize adverse impacts to groundfish
EFH, as described in § 660.12 of this
subpart, do not apply to tribal fisheries
in their U&A fishing areas described at
§ 660.4, subpart A.
■ 6. In 660.112, revise paragraph (c)(2)
to read as follows:
§ 660.112
Trawl fishery—prohibitions.
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(c) * * *
(2) During times or in areas where atsea processing is prohibited, take and
retain or receive Pacific whiting, except
as cargo or fish waste, on a vessel in the
fishery management area that already
has processed Pacific whiting on board.
An exception to this prohibition is
provided if the fish are received within
the tribal U&A fishing area, described at
§ 660.4, subpart A, from a member of a
Pacific Coast treaty Indian tribe fishing
under § 660.50, subpart C.
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■ 7. In § 660.518, revise paragraphs (a)
and (b) to read as follows:
ehiers on DSK5VPTVN1PROD with RULES
§ 660.518
Rights.
Pacific Coast Treaty Indian
(a) Pacific Coast treaty Indian tribes
have treaty rights to harvest CPS in their
usual and accustomed fishing areas in
the EEZ.
(b) For the purposes of this section,
Pacific Coast treaty Indian tribes means
the Hoh, Makah, and Quileute Indian
Tribes and the Quinault Indian Nation,
and their ‘‘usual and accustomed fishing
areas’’ are described at § 660.4, subpart
A.
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■ 8. In § 660.706, revise paragraphs (a),
(c), (d), (f) and (h) to read as follows:
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14:36 Jun 07, 2016
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§ 660.706
rights.
Pacific Coast Treaty Indian
(a) Pacific Coast treaty Indian tribes
have treaty rights to harvest HMS in
their usual and accustomed (U&A)
fishing areas in the EEZ.
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(c) The Pacific Coast treaty Indian
tribes’ U&A fishing areas within the EEZ
are set forth in § 660.4 of this chapter.
(d) Procedures. The rights referred to
in paragraph (a) of this section will be
implemented by the Secretary of
Commerce, after consideration of the
tribal request, the recommendation of
the Council, and the comments of the
public. The rights will be implemented
either through an allocation of fish that
will be managed by the tribes, or
through regulations that will apply
specifically to the tribal fisheries. An
allocation or a regulation specific to the
tribes shall be initiated by a written
request from a Pacific Coast treaty
Indian tribe to the NMFS West Coast
Regional Administrator, at least 120
days prior to the time the allocation is
desired to be effective, and will be
subject to public review through the
Council process. The Secretary of
Commerce recognizes the sovereign
status and co-manager role of Indian
tribes over shared Federal and tribal
fishery resources. Accordingly, the
Secretary of Commerce will develop
tribal allocations and regulations in
consultation with the affected tribe(s)
and, insofar as possible, with tribal
consensus.
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(f) Fishing (on a tribal allocation or
under a Federal regulation applicable to
tribal fisheries) by a member of a Pacific
Coast treaty Indian tribe within that
tribe’s U&A fishing area is not subject to
provisions of the HMS regulations
applicable to non-treaty fisheries.
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(h) Fishing by a member of a Pacific
Coast treaty Indian tribe outside that
tribe’s U&A fishing area, or for a species
of HMS not covered by a treaty
allocation or applicable Federal
regulation, is subject to the HMS
regulations applicable to non-treaty
fisheries.
[FR Doc. 2016–13469 Filed 6–7–16; 8:45 am]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 679
[Docket No. 150818742–6210–02]
RIN 0648–XE667
Fisheries of the Exclusive Economic
Zone Off Alaska; Other Hook-and-Line
Fishery by Catcher Vessels in the Gulf
of Alaska
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; closure.
AGENCY:
NMFS is prohibiting directed
fishing for groundfish, other than
demersal shelf rockfish or sablefish
managed under the Individual Fishing
Quota Program, by catcher vessels (C/
Vs) using hook-and-line gear in the Gulf
of Alaska (GOA). This action is
necessary because the Pacific halibut
bycatch allowance specified for the
other hook-and-line fishery by C/Vs in
the GOA has been reached.
DATES: Effective 1200 hours, Alaska
local time (A.l.t.), June 10, 2016, until
2400 hours A.l.t., December 31, 2016.
FOR FURTHER INFORMATION CONTACT:
Obren Davis, 907–586–7228.
SUPPLEMENTARY INFORMATION: NMFS
manages the groundfish fishery in the
GOA exclusive economic zone
according to the Fishery Management
Plan for Groundfish of the Gulf of
Alaska (FMP) prepared by the North
Pacific Fishery Management Council
(Council) under authority of the
Magnuson-Stevens Fishery
Conservation and Management Act.
Regulations governing fishing by U.S.
vessels in accordance with the FMP
appear at subpart H of 50 CFR part 600
and 50 CFR part 679.
The Pacific halibut bycatch allowance
specified for the other hook-and-line
fishery by C/Vs in the GOA is 129
metric tons as established by the final
2016 and 2017 harvest specifications for
groundfish of the GOA (81 FR 14740,
March 18, 2016).
In accordance with § 679.21(d)(6)(ii),
the Administrator, Alaska Region,
NMFS, has determined that the Pacific
halibut bycatch allowance specified for
the other hook-and-line fishery by C/Vs
in the GOA has been reached.
Consequently, NMFS is prohibiting
directed fishing for groundfish, other
than demersal shelf rockfish or sablefish
managed under the Individual Fishing
Quota Program, by C/Vs using hookSUMMARY:
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Federal Register / Vol. 81, No. 110 / Wednesday, June 8, 2016 / Rules and Regulations
and-line gear in the GOA. After the
effective date of this closure the
maximum retainable amounts at
§ 679.20(e) and (f) apply at any time
during a trip.
ehiers on DSK5VPTVN1PROD with RULES
Classification
This action responds to the best
available information recently obtained
from the fishery. The Assistant
Administrator for Fisheries, NOAA
(AA), finds good cause to waive the
requirement to provide prior notice and
opportunity for public comment
pursuant to the authority set forth at 5
U.S.C. 553(b)(B) as such requirement is
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14:36 Jun 07, 2016
Jkt 238001
impracticable and contrary to the public
interest. This requirement is
impracticable and contrary to the public
interest as it would prevent NMFS from
responding to the most recent fisheries
data in a timely fashion and would
delay closure of the other hook-and-line
fishery by C/Vs in the GOA. NMFS was
unable to publish a notice providing
time for public comment because the
most recent, relevant data only became
available as of June 1, 2016.
The AA also finds good cause to
waive the 30-day delay in the effective
date of this action under 5 U.S.C.
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36809
553(d)(3). This finding is based upon
the reasons provided above for waiver of
prior notice and opportunity for public
comment.
This action is required by § 679.20
and § 679.21 and is exempt from review
under Executive Order 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: June 2, 2016.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries,
National Marine Fisheries Service.
[FR Doc. 2016–13454 Filed 6–7–16; 8:45 am]
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Agencies
[Federal Register Volume 81, Number 110 (Wednesday, June 8, 2016)]
[Rules and Regulations]
[Pages 36808-36809]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-13454]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 150818742-6210-02]
RIN 0648-XE667
Fisheries of the Exclusive Economic Zone Off Alaska; Other Hook-
and-Line Fishery by Catcher Vessels in the Gulf of Alaska
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; closure.
-----------------------------------------------------------------------
SUMMARY: NMFS is prohibiting directed fishing for groundfish, other
than demersal shelf rockfish or sablefish managed under the Individual
Fishing Quota Program, by catcher vessels (C/Vs) using hook-and-line
gear in the Gulf of Alaska (GOA). This action is necessary because the
Pacific halibut bycatch allowance specified for the other hook-and-line
fishery by C/Vs in the GOA has been reached.
DATES: Effective 1200 hours, Alaska local time (A.l.t.), June 10, 2016,
until 2400 hours A.l.t., December 31, 2016.
FOR FURTHER INFORMATION CONTACT: Obren Davis, 907-586-7228.
SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the
GOA exclusive economic zone according to the Fishery Management Plan
for Groundfish of the Gulf of Alaska (FMP) prepared by the North
Pacific Fishery Management Council (Council) under authority of the
Magnuson-Stevens Fishery Conservation and Management Act. Regulations
governing fishing by U.S. vessels in accordance with the FMP appear at
subpart H of 50 CFR part 600 and 50 CFR part 679.
The Pacific halibut bycatch allowance specified for the other hook-
and-line fishery by C/Vs in the GOA is 129 metric tons as established
by the final 2016 and 2017 harvest specifications for groundfish of the
GOA (81 FR 14740, March 18, 2016).
In accordance with Sec. 679.21(d)(6)(ii), the Administrator,
Alaska Region, NMFS, has determined that the Pacific halibut bycatch
allowance specified for the other hook-and-line fishery by C/Vs in the
GOA has been reached. Consequently, NMFS is prohibiting directed
fishing for groundfish, other than demersal shelf rockfish or sablefish
managed under the Individual Fishing Quota Program, by C/Vs using hook-
[[Page 36809]]
and-line gear in the GOA. After the effective date of this closure the
maximum retainable amounts at Sec. 679.20(e) and (f) apply at any time
during a trip.
Classification
This action responds to the best available information recently
obtained from the fishery. The Assistant Administrator for Fisheries,
NOAA (AA), finds good cause to waive the requirement to provide prior
notice and opportunity for public comment pursuant to the authority set
forth at 5 U.S.C. 553(b)(B) as such requirement is impracticable and
contrary to the public interest. This requirement is impracticable and
contrary to the public interest as it would prevent NMFS from
responding to the most recent fisheries data in a timely fashion and
would delay closure of the other hook-and-line fishery by C/Vs in the
GOA. NMFS was unable to publish a notice providing time for public
comment because the most recent, relevant data only became available as
of June 1, 2016.
The AA also finds good cause to waive the 30-day delay in the
effective date of this action under 5 U.S.C. 553(d)(3). This finding is
based upon the reasons provided above for waiver of prior notice and
opportunity for public comment.
This action is required by Sec. 679.20 and Sec. 679.21 and is
exempt from review under Executive Order 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: June 2, 2016.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, National Marine Fisheries
Service.
[FR Doc. 2016-13454 Filed 6-7-16; 8:45 am]
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